United States Eighth Circuit

Petition for review of an order denying petitioner's motion to remand his case for an adjustment of status on the basis of his second marriage to a U.S. citizen is granted, and the order vacated, where: 1) although petitioner's due process and law-of-the-case arguments failed; 2) it was not possible to rule on the merits of the petition without further clarification from the BIA regarding inconsistent marriage fraud determinations.

Appellate Information

• Decided 07/28/2008
• Published 07/28/2008

Judges

• BRIGHT, Circuit Judge., Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy E. Wichmer, Bernhardt & Wichmer, St. Louis, MO, argued, for Petitioner.


• For Appellees:
  
• Hillel Ryder Smith, argued, Greg D. Mack, on the brief, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.